Taylor teenager De’Kota C. Despain was sentenced to 50 years in prison Thursday afternoon after pleading guilty to first-degree murder and aggravated robbery stemming from a 2016 incident that saw the homicide of 53-year-old Taylor man Douglas Harwell. The prison term was handed down by Columbia County Circuit Judge David W. Talley Jr. as part of a negotiated plea agreement between the defendant, his attorneys, and the state. A jury trial in the matter had been set for June 26-29.
Despain, 16 at the time of the April 13, 2016, incident, was initially charged with capital murder, but, as part of the plea, the count was amended to the lesser murder charge. The state, represented Thursday by Deputy Prosecutor Ryan Phillips, elected to drop, or “non-prosecute,” two additional charges – aggravated residential burglary and theft of property valued over $25,000 – associated with the armed killing of Harwell.
For the murder charge, Despain was issued a 40-year prison sentence in the Arkansas Department of Corrections (ADC), along with a 10-year term for aggravated robbery. Both are Class Y felonies, the most heinous of charges in the eyes of the state, and can carry 10-40 years or a life imprisonment sentence.
The judge also ordered a suspended imposition of sentence (SIS) of 30 years in association with the murder count. SIS is a form of probationary period typically issued by the court in guilty pleas, according to its legal definition. Despain, now 18, has already served 735 days in juvenile and adult detention facilities.
The teenager had for months appealed his case through the state court system seeking a juvenile trial, but the efforts failed in January after the Arkansas Supreme Court struck down the motion, thus sending Despain to adult court. He was represented by private attorney Jeff Rosenzweig and Katherine Streett of the Arkansas Public Defender Commission, both of Little Rock, for almost all of his court proceedings.
Since Despain was under 18 at the time of his crimes, state law – in accordance with a 2012 U.S. Supreme Court ruling – says a qualifying defendant cannot be sentenced to life in prison without parole or the death penalty and sets certain parole eligibility limits. Despain’s lawyers both specialize in cases dealing with these matters.
Despain is not the only Taylor teenager associated with the Harwell murder. His co-defendant, Keaton Taylor, is charged with the same initial crimes and was also a teenager at the time of the Harwell murder. Taylor’s case on March 15 was continued in Columbia County court. The now 19-year-old had stated he would testify against Despain in an effort to reduce his own sentence.
Harwell was shot twice and killed at his 9425 Highway 160 residence on the aforementioned 2016 date. Despain was a neighbor of the 53-year-old.
“The defendants had a plan and fired two shots causing Mr. Harwell’s death,” said Phillips on Thursday, during his presentation of evidence. “Thereafter they took the body inside the home and removed multiple items from the home.”
In an April 2016 police affidavit, Despain claimed that “he and Taylor talked with Doug for a while” before Despain walked behind Harwell while he was sitting in a chair and a .380 pistol “went off” as he pulled the firearm out of his pocket and “hit Doug in the back.” The report stated that Despain fired another shot into the victim before moving the body into his home and leaving the property.
During a second interview with police, Despain claimed he fired one shot, and Taylor fired one shot during the 2016 incident.
Phillips stated on Thursday that he had spoken with members of Harwell’s family regarding the plea deal and sentence and that they “did not wish to give a statement.”